Barnes v. Cockrell

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
April 10, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-11001
Summary Calendar
GARY WAYNE BARNES,
Petitioner-Appellant,
versus
JANIE COCKRELL, DIRECTOR,
TEXAS DEPARTMENT OF CRIMINAL JUSTICE,
INSTITUTIONAL DIVISION,
Respondent-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:01-CV-823
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Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM:*
Gary Wayne Barnes, Texas prisoner # 318814, was convicted by
a jury of two counts of aggravated rape and one count of burglary
of a habitation and was sentenced to life imprisonment. He
appeals the district court’s denial of his 28 U.S.C. § 2254
application in which he alleged that, although he has a life
sentence, he has a liberty interest in release to mandatory
supervision. Barnes argues that Texas created a liberty interest

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No. 02-11001
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through its mandatory supervision laws and that he is being
deprived of that right in violation of due process and equal
protection. He argues that TEX. CODE CRIM. P. ART. 42.12, § 15(c)
only excludes prisoners sentenced to death from release on
mandatory supervision. Barnes’ arguments are foreclosed by this
court’s decision in Arnold v. Cockrell, 306 F.3d 277, 279
(5th Cir. 2002).
AFFIRMED.

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